Drunk driving typically increases during the summer when people take time off from work, teens are out of school and weekend barbeques and pool parties, including a lot of alcohol, abound – particularly as the Fourth of July gets closer.
Too often, drunk drivers cause fatal injuries. This can upend the lives of an entire family – particularly if there are children. That’s why almost two years ago, Texas amended the law to add financial consequences for those convicted of intoxication manslaughter if the victim leaves behind minor children.
What does the law say?
The law mandates judges to order any defendant convicted of intoxication manslaughter to pay restitution to minor children of victims until they turn 18 (19 if they’re still in high school at 18). This is in addition to any other penalties they’re ordered to pay – and of course on top of their prison sentence (which can be as long as 20 years).
Judges determine the amount of restitution to be paid (typically on a monthly basis) based on:
- The educational, medical and everyday needs of the child
- The resources of the child’s remaining parent or whoever is caring for them
- The child’s standard of living prior to losing their parent or legal guardian
The resources of the defendant also have to be considered. If a defendant is serving time in prison, they likely have no way to pay restitution while they’re locked up. That doesn’t mean their obligation disappears if a child “ages out” during that time.
Under the law, a defendant has up to a year after they’re released from prison to begin making payments. Those payments must cover “all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined…”
Typically, restitution payments are made through the court. This prevents the family from needing to have contact with the defendant.
If you’re facing this tragic scenario, it can be helpful to get legal guidance. This can help you protect the right to compensation and justice for your family.